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ELIHU v. NICOLEAU

9685, 23970/16E.

173 A.D.3d 578 (2019)

104 N.Y.S.3d 616

2019 NY Slip Op 05012

Israel Elihu et al., Respondents, v. Mireille Nicoleau et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 20, 2019.

The court providently exercised its discretion in entertaining and deciding plaintiffs' successive motions for summary judgment. The motions were made on the basis of new evidence (see Brown Harris Stevens Westhampton LLC v Gerber, 107 A.D.3d 526 [1st Dept 2013]; cf. Maggio v 24 W. 57 APF, LLC, 134 A.D.3d 621, 625-626 [1st Dept 2015]). In addition...

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